Statutory Instrument 1997 No. 2008 (S. 146)

The Education (Fees and Awards) (Scotland) Amendment Regulations 1997

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© Crown Copyright 1997

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     " ; and

(c) at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971[3].".

    (3) For paragraph (c) of regulation 9 (relevant connection with Scotland) there shall be substituted-

" (c) at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971 and, if not a British Citizen, enjoys in the United Kingdom the status of a Commonwealth Citizen.".

    (4) At the end of regulation 12 (relevant connection with England) there shall be added-

     " ; and

(c) at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971.".

    (5) In Schedule 1 (fees-excepted students) paragraph 4 shall be omitted.

Fees chargeable in respect of certain students commencing course before 1st September 1998
     4. In any case where, in relation to a student who is the spouse of an EEA migrant worker and who is not a national of an EEA State, the date of commencement of the first term of his course is before 1st September 1998, paragraph 6(1)(b) of Schedule 1 to the Education (Fees and Awards) (Scotland) Regulations 1997 shall have effect as if there were substituted for sub-head (i)-

" (i) has been ordinarily resident in the European Economic Area throughout the period of one year preceding the relevant date referred to in regulation 6(a),".

Fees chargeable in respect of certain students commencing course before 1st September 2000
     5. In any case where the date of commencement of the first term of a student's course is before 1st September 2000, Schedule 1 to the Education (Fees and Awards) (Scotland) Regulations 1997 shall have effect as if there were inserted after paragraph 3-

     " 3A.  - (1) A person shall be an excepted student if-


(a) at the date referred to in regulation 6(a) he is settled in the United Kingdom;

(b) he neither had the right of abode in the United Kingdom nor was settled there at, or at a time before, the beginning of the 3 year period so referred to; and

(c) at any time during that 3 year period he was ordinarily resident in Hong Kong.



    (2) References in this paragraph to a person having the right of abode in the United Kingdom or being settled there have the same meanings respectively as in the Immigration Act 1971.".

Malcolm Chisholm
Parliamentary Under Secretary of State, Scottish Office

St Andrew's House, Edinburgh
11th August 1997

[2] S.I. 1997/93.back

[3] 1971 c.77; amended by the British Nationality Act 1981 (c.61), section 39 and Schedule 4, the Immigration Act 1988 (c.14), sections 1, 3, 4, 6 and 10 and the Schedule and the Asylum and Immigration Appeals Act 1993 (c.23), sections 10 to 12.back